Criminal Justice News

Tuesday, July 10, 2012

Buffalo Man Sentenced on Drug Conspiracy and Money Laundering Charges

BUFFALO, NY—U.S. Attorney William J.
Hochul, Jr. announced today that Derek Frank, 31, of Buffalo, New York, who was
convicted of conspiracy to distribute 100 kilograms or more of marijuana and
money laundering conspiracy, was sentenced to 135 months in prison and five
years’ supervised released by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Mary Catherine
Baumgarten, who handled the case, stated that between February 2008 and
February 2011, the defendant traveled from Buffalo to Arizona to purchase
marijuana. Frank then shipped the marijuana to various addresses in Buffalo,
New York, or had individuals transport it in a concealed compartment in a
pickup truck from Arizona to Buffalo. When the defendant remained in Arizona
for longer periods of time, he arranged for other individuals in Buffalo to
deposit the proceeds from his marijuana distribution into his bank account in
Buffalo. Frank thereafter withdrew those funds from his account at a bank
branch in Arizona and used the funds to purchase more marijuana.

In furtherance of his drug related
activities, Frank arranged to have Tinisha Tucker Anthony, a former U.S.
Airways employee, and Regina McCullen, a former employee in the City of Buffalo
Clerk’s Office, assist him in flying under an assumed identity between Buffalo
and Arizona. Tinisha Tucker Anthony arranged for a birth certificate card to be
issued by the city of Buffalo, which contained the fingerprints and photograph
of Derek Frank, and the name of another person. In addition, Anthony used her
position as a customer service representative for U.S. Airways at the
Raleigh-Durham Airport to arrange for Derek Frank to fly between Buffalo and
Arizona, using the birth certificate card in the name of another. Regina
McCullen used her official position as a Customer Assistant in the Clerk’s
Office to illegally produce the birth certificate card.

The defendant also arranged to have
Minnetta Walker, a behavioral detection officer employed by the Department of
Homeland Security, Transportation Security Administration (TSA), assist him in
his drug trafficking operation. Walker allowed Frank to bypass normal security
procedures, measures, and requirements at the Buffalo Niagara International
Airport. This included bypassing functions performed by a TSA screener or
ticket document checker to examine persons, property, and other articles
entering aircraft and the airport area at the BNIA. TSA is an agency
responsible for ensuring passenger safety and national security as it relates
to the country’s air transportation system.

Minetta Walker pleaded guilty to
conspiracy to defraud the United States and was sentenced to 24 months in
prison in January 2012. Tinisha Tucker-Anthony and Regina McCullen each pleaded
guilty to conspiracy to commit fraud in connection with identification
documents. Anthony and McCullen were both sentenced to probation. Miguel
Guzman, who was also convicted of narcotic conspiracy charges in connection
with this case, was sentenced to probation. David North, Sr., who drove marijuana
from Phoenix to Buffalo on Frank’s behalf, has pleaded guilty to conspiracy to
possess with intent to distribute marijuana and is awaiting sentencing.

“This case demonstrates that the
tentacles of a narcotics trafficking operation infiltrate many legitimate
businesses and, in some cases, the most sensitive government operations,” said
U.S. Attorney Hochul. “This prosecution further proves that no matter how smart
a criminal thinks he or she is, and no matter the position they may hold, all
get caught sooner or later. We will continue to work closely with all of our
law enforcement partners in order to protect the public.”

The sentencing is part of an
investigation by special agents of the Federal Bureau of Investigation, under
the direction of Special Agent in Charge Christopher M. Piehota; Transportation
Safety Administration, U.S. Department of Homeland Security, under the
direction of Federal Security Director, Derek DePietro; U.S. Immigration and
Customs Enforcement, under the direction of James C. Spero; U.S. Drug
Enforcement Administration, under the direction of Wilbert L. Plummer, Acting
Special Agent in Charge, New York Field Division; and NFTA Transit Police,
under the direction of Chief George Gast.